10-F-16-Chapter 90, Section 90-11-Mailed Notice ORDINANCE NO. 10-F-16
AMENDING CHAPTER 90, SECTIONS 90-11 AND 90-12 OF THE CODE OF
ORDINANCES RELATING TO MAILED NOTICE OF DELINQUENT
WATER, WASTEWATER, AND/OR GARBAGE SERVICE CHARGES AND
SERVICE DISCONNECTION; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, City Staff recommends modifications to current policies regarding notices
to water, wastewater, and/or garbage customers of delinquent accounts and service disconnection
for nonpayment; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Sections 90-11 and 90-12 of the Code of Ordinances are hereby amended by
the addition of a new final sentence to Section 90-11 and deletion of current paragraph (a) of
Section 90-12 relating to the posting of notices of delinquent accounts and service disconnection,
as follows:
"Sec. 90-11. Penalty for delinquency.
If a bill for water, wastewater and/or garbage service is not paid on or
before the due date printed on the bill, it shall be deemed delinquent and ten
percent of the total amount of such bill shall be added to same as a penalty for
nonpayment. Mail postmarked on or before the due date shall be accepted without
penalty. Payments in the drop-box at 8:00 a.m. the day after the due date, with
checks or money orders dated on or before the due date, shall be accepted without
penalty. An additional ten percent of the balance due shall be added for each
additional 30-day period for which such customer is delinquent. On the business
day following the date on which an account becomes delinquent, the city shall
mail a notice of delinquency to the account address notifying the account holder
that service will be disconnected if the account balance, including all penalties, is
not paid in full by 12:00 noon on the business day referenced in such letter, which
shall normally be ten days after date of such letter.
Sec. 90-12. Discontinuance of service for failure to pay.
(a) In the event of discontinuance of service under this section the service will
not be reinstated until all past due bills plus a reconnection charge of $20.00 have
been paid.
(b) No service will be discontinued on a Friday or a day before a holiday.
Discontinuance of service will be extended until the next succeeding date when
the municipal office is open.
(c) In the event that a customer of the city sewer system is supplied with
water service by a waterworks or supplier other than the city, such waterworks or
Ordinance 10-F-16.doc
supplier shall discontinue water service to such customer, upon notice from the
city that such customer is delinquent in payment of his wastewater service bill.
(d) In the event the water meter servicing a customer must be removed after
discontinuance of service under this section, the service will not be reinstated
until all past due bills, all reconnection charges, penalties and a re-installation fee
of $50.00 have been paid."
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required bylaw.
PASSED ON FIRST READING, the 8th day of June, 2010.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 15th day of June,
2010.
Mayor, City of Schertz, Texas
- - ATT ST.
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City Secretary, City of Schertz, Texas
(Seal of City)
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